Get free answers to your Family Law legal questions from lawyers in your area.
There's a permanent restraining order in place that will be lifted December 2025 the other parent lives in a different state.. it is disability benefits but our bills are more than and I am unable to work the father is a barber in a different state who lies and act like he's unemployed... View More 
answered on Jan 6, 2025
I'm unsure why child support was not adjudicated in your divorce as the divorce should have included child custody, child support and visitation. But you can always apply for child support as long as the child meets the requirements for support. And if you have someone whose income may be... View More
H
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 2, 2025
You do not have to let the child go with the father based on what happened. You can file a case for paternity and child support, and he may choose to counterclaim with a request for parenting time. But speaking with an attorney about establishing a child support case would be the next step.
H
answered on Jan 6, 2025
The parties can decide their own visitation outside of the courts. But if the father is unable to come to an agreement with the mother on visitation without court intervention, he will have to file an action to legitimize and he can then seek some form of custody & visitation. Child support... View More
If we go somewhere he can't find us can we establish residence away from him?
answered on Dec 30, 2024
If neither of you have filed for divorce and no standing order has gone into effect prohibiting either parent from removing the children from the court's jurisdiction, then technically either parent is able to travel with the children. However, if you remove the children and hide them from... View More
My ex and I have been apart for fourteen years. We just haven’t divorced yet. I have the paperwork to file for divorce myself as a non-contestant divorce with no minor children. The problem is that I can’t get him to meet me and sign them to get them notarized. I didn’t want to pay thousands... View More
answered on Dec 30, 2024
Nothing. If someone refuses to sign the proper documents then you cannot file an uncontested divorce. You then have a contested divorce. You cannot force your spouse to sign papers they refuse to sign. So you would then file the proper pleadings, and have your spouse legally served. Your... View More
Also the baby was born and they still wasn’t married the kid was two before they married but the father is in prison for child molestation but not for the kid but because of a 13 yr old girl boss he have or when he gets out would he have any kinda rights to the kid
answered on Dec 30, 2024
When you later married the father the child was then legitimized. You can file for divorce and ask for sole legal and physical custody. It would be up to the father to ask for any form of custody or visitation, as you would have to have the father properly served. But the child is legitimized... View More
Multiple times and dealership has refused to remove me from the car what do I need to do because she has fallen behind on payments and now I'm getting collection calls
answered on Dec 16, 2024
Only your wife can do this. You and she must sign the title over to just her, or however its done in Georgia post-divorce. That takes care of ownership. There's nothing anyone can do to take you off the loan, except your wife or you by paying it off. The divorce decree did not affect your... View More
The house belongs to me and was acquired long before she and I met. We have been married for two years, no children, no marital assets.
answered on Dec 6, 2024
You cannot remove her from the marital home unless and until you go before a Judge and an Order is signed giving you exclusive possession of the marital property. Of course if there is any domestic violence then the victim can ask for a TPO Temporary Protective Order to remove the alleged offender... View More
The house belongs to me and was acquired long before she and I met. We have been married for two years, no children, no marital assets.
answered on Dec 30, 2024
The short answer is you cannot remove her from the marital residence without an order of the court. Please do not attempt to force her to leave the home. You have to petition the court for exclusive use and possession of the marital residence and they have to award that to you. They will then... View More
There was no court settlement at the time of the divorce as we chose to do that on our own. My ex refuses to sign a quit claim. How can I proceed to have her name removed from the deed? Can I still sell the house even if she does not want to ?
answered on Nov 19, 2024
You cannot remove her name from the deed without her consent. You can force her to sell the property, but that can only be accomplished through a partition lawsuit. In a partition lawsuit, you ask the court to divide the property evenly. This typically only works if the property is undeveloped... View More
There was no court settlement at the time of the divorce as we chose to do that on our own. My ex refuses to sign a quit claim. How can I proceed to have her name removed from the deed? Can I still sell the house even if she does not want to ?
answered on Nov 19, 2024
Handling this divorce on your own and not having the Court address what would happen with the residence, means that no, you cannot force your ex to do anything without taking them back to court. If it is not a part of the previous final judgment, then there is no order to force your spouse to... View More
I am 16 years old and I buy my food and phone with my money and my parents keep taking it when it arrives so i was wondering if they can take my stuff even tho i buy it with my money. Also My dad threatended with a knife when i backed him up because he got close and he was heated and my counselor... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 16, 2024
I'm saddened to hear this is occurring in your household. Abuse of any kind is absolutely never condoned by the law. If your dad is chastising you by striking you with foreign objects or makeshift weapons, you should contact the authorities including your local police and local department of... View More
My soon to be ex husband says that he doesn’t believe our unborn baby is his (I believe it’s his girlfriends doing because at first he was on board). He wants nothing to do with him or me and wants to give up his rights at birth. Can he give up his rights with no step parent or other father to... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 16, 2024
A child conceived during a marriage is presumed to be the child of the marriage unless a genetic test proves otherwise. In your divorce proceeding your husband may ask the court to enter an order for a genetic test. He would then submit to the test along with swabbing the child. If the child proves... View More
My soon to be ex husband says that he doesn’t believe our unborn baby is his (I believe it’s his girlfriends doing because at first he was on board). He wants nothing to do with him or me and wants to give up his rights at birth. Can he give up his rights with no step parent or other father to... View More
answered on Nov 15, 2024
Voluntarily terminating your parental rights does not relieve you of the obligation to pay child support. If the child were legally adopted then the father's obligations would sever. But that's the only way to avoid paying child support is legal adoption by another party.
hello I am trying to get a child support modification it has been one year only . The reason i need a modification is because the ncp did not get in insurance so i have it and the child was not in daycare at the time but now is . All these thing are new since the last child support order 10/2023.... View More
answered on Nov 15, 2024
Hire an attorney. It appears you didn't have an attorney the last time, which is part of the problem. Because there are steps an attorney can take to obtain the property documents to discovery the non-custodial parents actual income. It is best to hire an attorney who can draft the proper... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 16, 2024
A genetic test/DNA test/paternity test are all terms used to connote when males are seeking to determine the blood relationship between themselves and a child. After you submit to the test which should be conducted by a qualified immunologist, you will receive the results.
A periodic... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 12, 2024
You need to gather all of your financial information and then consult with an experienced family law attorney in your area. Here are some steps you can take:
1. Organize Your Financial Documents
List Your Assets and Debts: It’s important to have a comprehensive list of your... View More
answered on Oct 29, 2024
If the tenancy was intended to be joint tenancy and not tenancy in common, survivorship rights should be automatic. If that is the case, the only thing necessary to vest title in the survivor would be a Affidavit of Survivorship and a copy of the death certificate. A complete review of the deed... View More
Father hasn’t visited since child was a month old nor has provided any financial help but brought a gun in my home & my only proof is my family but wants to get rights
answered on Oct 17, 2024
The father can pursue parental rights in the courts should he choose to do so. And if that happens you will have your opportunity to admit or deny any of the allegations in his petition and let the court know whether you agree with him obtaining those rights or not. Then it will be up to the... View More
My wife and I recently divorced and we have a loan on a Hyundai Santa Fe. I am first on the loan and she is a co-borrower. According to the court documents, she has all rights to the vehicle and it’s in her possession and the loan itself is addressed to her address in northern Georgia. She lives... View More
answered on Oct 17, 2024
All of this should have been addressed in your divorce. Either you would have signed a settlement agreement or you should have spoken about this during your trial, where the court should have made a final decision. That final decision would have been included in your final judgment. Anything not... View More
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
